Rockfish and short fish in Mexico answers

[jrefkin]

Hey guys, I’ve been reading the posts about Rockfish fishing down in Mexico during the California rockfish closure and size limits down in Mexico and how people are confused. I have a law background so I did a little research. I also spoke with a knowledgeable Lieutenant with DFG today. Basically it goes like this:

DFG does not enforce Mexican regulations, per say. Instead, they enforce California’s importation laws. When we fish down in Mexico and bring the fish back to San Diego, we are importing into California. There was a change in the law last year, Fish and Game Code section 2353- it says:

(a) Birds, mammals, fish, reptiles, or amphibians shall not
be imported or possessed in this state unless all of the following
requirements are met:
(1) The animals were legally taken and legally possessed outside
of this state.
(2) This code and regulations adopted pursuant thereto do not
expressly prohibit their possession in this state.
(3) A declaration is submitted to the department or a designated
state or federal agency at or immediately before the time of entry,
in the form and manner prescribed by the department.

This basically says that anything that is illegal to possess in California, is illegal to import. The Lt said short fish falls under that category. You can take short fish in Mexico, but you can’t possess them in California- so don’t bring em back. You also can’t possess illegal fillets in California. So make sure your bass and Halibut fillets are the legal size.

The Lt. said there is an exception to the rockfish closure. California Code of Regulations, Title 14 section 27.51(b)- this regulation allows rockfish to be taken in open areas and transported back through closed areas aboard vessels in transit with no fishing gear in the water. This means if you catch rockfish in Mex and want to bring back to California, you can’t stop and fish in US waters or stop and fish off IB or in SD Bay, etc. The Lt. said the exception is Cowcod, Yelloweye, and Canary Rockfish. These species can’t be possessed year round in California, so they cannot be imported into California from Mexico.

There is a Black Seabass section too in the reg book (section 28.10, page 41 in the 2008 DFG reg book) that allows you to take up to two Black Seabass in Mexico and bring them back into California provided you have a declaration and a Mexican fishing license. Although this is a cool exception, I think anyone who takes these beautiful fish or any other short fish no matter where they are at should have their boat sunk and rods snapped. There is no excuse for that in my book.

So, long story short, you can’t bring in short fish from Mexico. You can fish for Rockfish in Mexcio during the California closure and bring them back provided you don’t stop to fish in the US on the way back, but don’t take any Cowcod, Yelloweye, or Canary Rockfish. Hope that helps. Look up the sections if you want to see for yourself.

John Refkin

[FishStalker]

This is a significant change in the law that they slipped in. Here is the prior law:

2353. (a) Notwithstanding any other provision of law, birds,
mammals, fish, reptiles, or amphibia may be brought into this state
and possessed if legally taken and legally possessed outside of this
state and a declaration is submitted to the department or a
designated state or federal agency at or immediately prior to the
time of entry, in the form and manner prescribed by the department.
(b) Birds, mammals, fish, reptiles, or amphibia legally taken and
legally possessed outside of this state may be imported into this
state and possessed without a declaration if the shipment is handled
by a common carrier under a bill of lading or as supplies carried
into this state by common carriers for use as food for the
passengers.
(c) The commission and the department shall not modify the
provisions of this section by any regulation which would prohibit the
importation of lawfully killed migratory game birds taken in any
other state or country and transported into this state pursuant to
the migratory bird regulations adopted annually by the Secretary of
the Interior.

I've been rockfishing in Mexico for a decade and it's always been understood that I could bring back lingcod, for example, that were smaller than the minimum size instituted by the DFG.

[fishman27]

Thanks for your post! When you say rockfish are allowed does that include lingcod?

[I hate seals]

3) A declaration is submitted to the department or a designated
state or federal agency at or immediately before the time of entry,
in the form and manner prescribed by the department


So if you don't get stopped, then what do you do with said form? Keep in your records or toss in trash?

Where do I find out which agency is "designated
state or federal agency"

[jrefkin]

Yes, great point, lingcod is included in the rockfish closure. Also, Cabezon, Sheephead, and ocean whitefish are part of the "rockfish closure". That means you can take them in Mexico and import them back to California under section 27.51(b) in the regulation book. However, Sheephead, Lingcod, and Cabezon have size limits in California, so you can't bring shorts of those species back either. Great question, I forgot to mention those.

Also, when I have a declaration for my fish that I caught in Mexico and I don't get stopped, I mail it into the San Diego DFG office when I get home. If you do that, be sure to keep a copy of the declaration so that when the Warden calls you during the Rockfish closure because of the picture of the massive lingcod you caught is posted all over bloddy decks, you can prove to him or her that it was caught in Mexico.

[Bigfish69]

I dont get it!,,,can some explain this in laymans terms.

[marlyn]

Originally Posted by Bigfish69

I dont get it!,,,can some explain this in laymans terms.

[Jaydog]

That's exactly what I said (your version is more leangthy and better prepared) in that long assssss thread a week ago when everyone and their mother jumped on my ass to say that I was wrong. See guys even a blind squirrel finds a nut sometimes.

To bad for all the macho dipshits stating "no size regulations take them all", we should probably be better custodians of our Ocean anyways.

[Bigfish69]

Ohhh,,,,i see mark!

Thanks for clearing that up.




FUCKERS!




69R

[Capt. Carib]

Thanks JRefkin for clarifying new regs for all BDCKRS!
Last year we were cited under the same code (but different charge from short imported fish) after a days fishing in Mexico.
I poured over the regs, spoke with the DFG and eventually charges were dropped.
They need to make the regs as clear and unambiguous as you have.
If not, they are simply revenue collectors and not conservationists etc.

[NoSlack]

DFG must have the old law on their site still.

This is how it reads on the DFG site as of 1/28/2009http://www.dfg.ca.gov/enforcement/entry-declaration.aspx

Importation law: Section 2353 Fish & Game Code

Notwithstanding any other provision of law, birds, mammals, fish, reptiles, or amphibia may be brought into this state and possessed if legally taken and legally possessed outside of this state and a declaration is submitted to the Department or a designated state or federal agency at or immediately prior to the time of entry.

Declaration is not required if shipped by common carrier under a bill of lading.

If you check California law it reads as you stated. California Fish And Game Code Section 2353 - California Attorney Resources - California Laws

The budget must be so tight up in Sacto that they need to right a few more tickets before they can afford to update the site.

Mike

[capnjackv]

Originally Posted by FishStalker

This is a significant change in the law that they slipped in. Here is the prior law:



I've been rockfishing in Mexico for a decade and it's always been understood that I could bring back lingcod, for example, that were smaller than the minimum size instituted by the DFG.

Well not unless you want all your rods snapped and your boat sunk, for keeping one of these beautiful fish.